Common use of Recoverable Damages Clause in Contracts

Recoverable Damages. Notwithstanding Sections 6.1 and 6.2 hereof, in no event shall the provisions of Sections 6.1 and 6.2 limit the damages recoverable by either party against the other party due to the other party's obligation to indemnify such party in accordance with this Agreement.

Appears in 12 contracts

Samples: Sale Agreement (Vornado Realty Trust), Sale Agreement (Arden Realty Inc), Purchase and Sale Agreement (Income Growth Partners LTD X)

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Recoverable Damages. Notwithstanding Sections 6.1 and 6.2 hereof, in no event shall the provisions of Sections 6.1 and 6.2 limit the damages recoverable by either party against the other party due to the other party's obligation to indemnify such party in accordance with this Agreement. This Section shall survive the Closing or the earlier termination of this Agreement.

Appears in 3 contracts

Samples: Purchase and Sale Agreement (Metlife Inc), Purchase and Sale Agreement (Metlife Inc), Purchase and Sale Agreement (Maguire Properties Inc)

Recoverable Damages. Notwithstanding Sections 6.1 and 6.2 hereof, in no event shall the provisions of Sections 6.1 and 6.2 limit either Purchaser’s or Seller’s obligation to indemnify the other party or the damages recoverable by either the indemnified party against the other indemnifying party due to the other a party's ’s express obligation to indemnify such the other party in accordance with Section 3.1(c), Section 8.1 or any other provision of this Agreement.

Appears in 3 contracts

Samples: Purchase and Sale Agreement (Paladin Realty Income Properties Inc), Purchase and Sale Agreement (Paladin Realty Income Properties Inc), Purchase and Sale Agreement (Paladin Realty Income Properties Inc)

Recoverable Damages. Notwithstanding Sections 6.1 and 6.2 hereof, subject to Section 6.4 hereof, in no event shall the provisions of Sections 6.1 and 6.2 limit the damages recoverable by either party against the other party due to the other party's obligation to indemnify such party in accordance with this Agreement. This Section 6.3 shall survive the Closing or the earlier termination of this Agreement.

Appears in 2 contracts

Samples: Purchase and Sale Agreement (Metlife Inc), Purchase and Sale Agreement (Metlife Inc)

Recoverable Damages. Notwithstanding Sections 6.1 and 6.2 hereofanything contained herein to the contrary, in no event shall the provisions of Sections Section 6.1 and Section 6.2 limit the damages recoverable by either party against the other party due to the other party's ’s obligation to indemnify such party in accordance with herewith. This Section 6.3 shall survive the Closing or the earlier termination of this Agreement.

Appears in 2 contracts

Samples: Purchase and Sale Agreement and Joint Escrow Instructions (MPG Office Trust, Inc.), Purchase and Sale Agreement and Joint Escrow Instructions (MPG Office Trust, Inc.)

Recoverable Damages. Notwithstanding Sections 6.1 and 6.2 hereof, in no event shall the provisions of Sections 6.1 and 6.2 limit the damages recoverable by (i) either party against the other party due to the other party's obligation to indemnify such party in accordance with Article VIII of this AgreementAgreement and (ii) by either party against the other party due to a breach of a party's obligations under Section 4.4 hereof.

Appears in 2 contracts

Samples: Sale Agreement (Atlas Financial Holdings, Inc.), Sale Agreement (Atlas Financial Holdings, Inc.)

Recoverable Damages. Notwithstanding Sections 6.1 and 6.2 ------------------- hereof, in no event shall the provisions of Sections 6.1 and 6.2 limit the damages recoverable by either party against the other party due to the other party's obligation to indemnify such party in accordance with this Agreement.

Appears in 2 contracts

Samples: Purchase and Sale Agreement and Escrow Instructions (T Reit Inc), Purchase and Sale Agreement and Escrow Instructions (Kilroy Realty Corp)

Recoverable Damages. Notwithstanding Sections 6.1 and 6.2 hereof, in no event shall the provisions of Sections 6.1 and 6.2 limit the damages recoverable by either party against the other party due to the other party's ’s express obligation to indemnify such party in accordance with Section 8.2 of this Agreement.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Parlux Fragrances Inc)

Recoverable Damages. Notwithstanding Sections 6.1 and 6.2 hereof, in no event shall the provisions of Sections 6.1 and 6.2 limit the damages recoverable by either party against the other party due to the other party's ’s express obligation to indemnify such party in accordance with Section 8.1 of this Agreement.

Appears in 1 contract

Samples: Lease Agreement (Carter Validus Mission Critical REIT II, Inc.)

Recoverable Damages. Notwithstanding Sections 6.1 and 6.2 hereof, in no event shall the provisions of Sections 6.1 and 6.2 limit the damages recoverable by (i) either party against the other party due to the other party's obligation to indemnify such party in accordance with Article VIII of this Agreement.Agreement and (ii) by either party against the other party due to a breach of a party's obligations under Section 4.4 hereof. ARTICLE VII

Appears in 1 contract

Samples: Sale Agreement

Recoverable Damages. Notwithstanding Sections 6.1 and 6.2 hereof, in no event shall the provisions of Sections 6.1 and 6.2 limit the provisions of Section 10.17 or the damages recoverable by either party against the other party due to the other party's ’s obligation to indemnify such party in accordance with this Agreement.

Appears in 1 contract

Samples: Sale Agreement (Equinix Inc)

Recoverable Damages. Notwithstanding Sections 6.1 and 6.2 hereof, in no event shall the provisions of Sections 6.1 and 6.2 limit the damages recoverable by either party against the other party due to the other party's ’s obligation to indemnify such party in accordance with this AgreementAgreement or the non-prevailing party’s obligation to pay the prevailing party’s reasonable attorneys’ fees and costs pursuant to Section 10.16 hereof.

Appears in 1 contract

Samples: Purchase and Sale Agreement and Escrow Instructions (NNN 2003 Value Fund LLC)

Recoverable Damages. Notwithstanding Sections 6.1 Section 7.1 and 6.2 Section 7.2 hereof, in no event shall the provisions of Sections 6.1 Section 7.1 and 6.2 Section 7.2 limit the damages recoverable by either party against the other party due to the other party's ’s obligation to indemnify such party in accordance with Section 4.2(c), Section 6.4(b) and Section 9.1 of this Agreement.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Wells Core Office Income Reit Inc)

Recoverable Damages. Notwithstanding Sections 6.1 and ------------------- 6.2 hereof, in no event shall the provisions of Sections 6.1 and 6.2 limit the damages recoverable by either party against the other party due to the other party's obligation to indemnify such party in accordance with this Agreement.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Kilroy Realty Corp)

Recoverable Damages. Notwithstanding Sections 6.1 and 6.2 hereof, in no event shall the provisions of Sections 6.1 and 6.2 limit either Purchaser’s or Seller’s obligation to indemnify the other party or the damages recoverable by either the indemnified party against the other indemnifying party due to the other a party's ’s express obligation to indemnify such the other party in accordance with Section 8.1 or any other provision of this Agreement.

Appears in 1 contract

Samples: Membership Interest Purchase and Sale Agreement (Paladin Realty Income Properties Inc)

Recoverable Damages. Notwithstanding Sections 6.1 and 6.2 hereof, in no event shall the provisions of Sections 6.1 and 6.2 limit the damages recoverable by either party against the other party due to the other party's ’s express obligation to indemnify such party as expressly provided in accordance with this Agreement.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Inland Western Retail Real Estate Trust Inc)

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Recoverable Damages. Notwithstanding Sections 6.1 7.1 and 6.2 7.2 hereof, in no event shall the provisions of Sections 6.1 7.1 and 6.2 7.2 limit the damages recoverable by either party against the other party due to the other party's ’s obligation to indemnify such party in accordance with Sections 4.2, 6.3, 6.4, and 9.1 of this Agreement.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Hines Global REIT, Inc.)

Recoverable Damages. Notwithstanding Sections 6.1 and 6.2 hereof, in no event shall the provisions of Sections 6.1 and 6.2 limit the damages recoverable by either party against the other party due to the other party's ’s obligation to indemnify such party in accordance with this Agreement. This Section shall survive the Closing or the earlier termination of this Agreement.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Sl Green Realty Corp)

Recoverable Damages. Notwithstanding Sections 6.1 and 6.2 hereofanything contained herein to the contrary, in no event shall the provisions of Sections 6.1 Section 7.1 and 6.2 Section 7.2 limit the damages recoverable by either party against the other party due to rights of contribution or to the other party's obligation to indemnify such party in accordance with herewith. This Section 7.3 shall survive the Closing or the earlier termination of this Agreement.

Appears in 1 contract

Samples: Sale, Purchase and Escrow Agreement (MPG Office Trust, Inc.)

Recoverable Damages. Notwithstanding Sections 6.1 and 6.2 hereof, in no event shall the provisions of Sections 6.1 and 6.2 limit the damages recoverable by either party against the other party due to the other party's ’s express obligation to indemnify such party in accordance with Section 3.1(c) or Section 8 of this Agreement.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Digital Realty Trust, Inc.)

Recoverable Damages. Notwithstanding Sections 6.1 and 6.2 hereof, in In no event shall the provisions of Sections 6.1 11.1 and 6.2 11.2 limit the damages recoverable by either party against the other party due to the other party's obligation to indemnify such party in accordance with this Agreement.

Appears in 1 contract

Samples: Purchase and Sale Agreement (First Union Real Estate Equity & Mortgage Investments)

Recoverable Damages. Notwithstanding Sections Section 6.1 and Section 6.2 hereof, in no event shall the provisions of Sections Section 6.1 and Section 6.2 limit the damages recoverable by either party against the other party due to the other party's ’s obligation to indemnify such party in accordance with this AgreementAgreement or the non-prevailing party’s obligation to pay the prevailing party’s attorneys’ fees and costs pursuant to Section 10.17 hereof.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Grubb & Ellis Healthcare REIT, Inc.)

Recoverable Damages. Notwithstanding Sections 6.1 7.1 and 6.2 7.2 hereof, in no event shall the provisions of Sections 6.1 7.1 and 6.2 7.2 limit the damages recoverable by either party against the other party due to the other party's ’s obligation to indemnify such party in accordance with this Agreement; provided, however, that in no event shall either party be liable for any consequential, punitive or special damages.

Appears in 1 contract

Samples: Contribution Agreement (Urban Edge Properties LP)

Recoverable Damages. Notwithstanding Sections 6.1 and 6.2 hereof, in no event shall the provisions of Sections 6.1 and 6.2 limit the damages recoverable by either party against the other party due to the other party's ’s obligation to indemnify such party in accordance with this Agreement.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Allstate Corp)

Recoverable Damages. Notwithstanding Sections 6.1 and 6.2 hereof, in no event shall the provisions of Sections 6.1 and 6.2 limit the damages recoverable by either party against the other party due to the other party's ’s express obligation to indemnify such party in accordance with Sections 3.1(c), 4.2(c) and (d), 8.1, 10.25 and 10.26 of this Agreement.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Corporate Office Properties Trust)

Recoverable Damages. Notwithstanding Sections Section 6.1 and Section 6.2 hereof, in no event shall the provisions of Sections Section 6.1 and Section 6.2 limit the damages recoverable by either party against the other party due to the other party's ’s obligation to indemnify such party in accordance with this AgreementAgreement or the non-prevailing party’s obligation to pay the prevailing party’s attorneys’ fees and costs pursuant to Section 10.16 hereof.

Appears in 1 contract

Samples: Purchase and Sale Agreement and Escrow Instructions (Medical Properties Trust Inc)

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